Supreme Federal Court may review Amnesty Law for concealment of corpses
The court is considering a request from Justice Flávio Dino, the case's rapporteur, for the other justices to recognize the general repercussion of the judgment's outcome.
ANDRÉ RICHTER, REPORTER FOR AGÊNCIA BRASIL - The Federal Supreme Court (STF) registered this Tuesday (11) the majority of votes to decide that the Court will analyze whether the application of the Amnesty Law (Law No. 6.683 / 1979) the crime of concealing a corpse is constitutional.
In the virtual plenary session, the Court will hear a request from Justice Flávio Dino, the reporting judge on the case, asking the other justices to recognize the general repercussions of the ruling's outcome, meaning the future decision should apply to all similar cases addressing the issue. The trial date has not yet been set.
Flávio Dino requests "the possibility, or not, of granting amnesty for the crime of concealing a corpse [a continuing crime], the execution of which began before the Amnesty Law came into effect, but continued uninterrupted after its enactment, in light of Constitutional Amendment 26/85 and Law No. 6.683/79".
So far, ministers Luiz Fux, Luís Roberto Barroso, Cármen Lúcia, Alexandre de Moraes and Edson Fachin have accompanied the rapporteur. The virtual deliberation continues until Friday (14).
The process that motivates the discussion concerns the complaint filed in 2015 by the Federal Public Ministry (MPF) against Army soldiers Lício Augusto Ribeiro Maciel and Sebastião Curió Rodrigues de Moura (dead) on charges of concealing a corpse and homicide committed in the Araguaia Guerrilla.
The Supreme Federal Court justices will hear an appeal seeking to overturn the lower court ruling that rejected the Federal Public Prosecutor's Office's complaint against the military. The ruling applied the Supreme Federal Court's 2010 ruling that validated the Amnesty Law.
Rubens Paiva - The Supreme Court may also re-examine the validity of the Amnesty Law in the case of the disappearance of former congressman Rubens Paiva.
Last month, the Attorney General's Office (PGR) argued that the Supreme Court should analyze the legality of applying the Amnesty Law in the case of the five military personnel accused of the death of former federal deputy Rubens Paiva, during the dictatorship period in Brazil.
The PGR seeks to review the decision of the Superior Court of Justice (STJ) that suspended the criminal proceedings against five military personnel based on the Amnesty Law.
According to the prosecutor's office, José Antônio Nogueira Belham, Rubens Paim Sampaio, Raymundo Ronaldo Campos, Jurandyr Ochsendorf and Jacy Ochsendorf are accused of involvement in the death of Rubens Paiva, in January 1971, on the premises of the Army's Information Operations Detachment (DOI), in Rio de Janeiro.
